A 39-year-old man tried to take a car with a woman, her baby and her partner still inside after a collision in Lydney.

Kevin Gilbert got into the woman’s BMW after the van he was a passenger in collided with it and crashed into trees on Highfield Hill.

He fled when challenged and was then detained by a member of the public in a nearby field.

Gilbert, of Hygrove Lane, Minsterworth, pleaded guilty at Cheltenham Magistrates’ Court to the attempted theft of a BMW on July 12, 2020 in Lydney and possessing 8.52 grams of cannabis on the same date.

He was sentenced to 24 weeks jail suspended for a year and ordered to attend 10 rehabilitation activity requirement days and be subject to a six-month drug rehabilitation requirement.

Deputy District Judge Steven Jonas told Gilbert: “This attempted theft of a vehicle is very serious that custody is unavoidable.

“However, I have heard a lot about you and the efforts you are making to turn your life around.

“And because of the age of the matter, it means that I can suspend the sentence.”

Prosecutor Sue Gethin said it was the Crown’s case that Gilbert – who was a disqualified driver after being convicted of dangerous driving in 2017 – was behind the wheel of a van but he had not been charged with that offence.

She said it was at about 7.40pm on July 12 2020 that a Vauxhall van being driven along Highfield Road clipped the back bumper and the wheel of the silver BMW while overtaking it

“The driver of the BMW noticed that the van was swerving across the road, veering left and right as it passed her,” the prosecutor said.

“She saw the van travel some distance before it left the road and collided with several trees, causing one of them to collapse and block the carriageway after it became wedged between another tree and the verge across the road.

“The woman driver stopped her car and dialled 999 for the emergency services. The woman’s partner and their baby remained in the vehicle while she ran over to the van to check on the driver, as she felt the crash looked serious.

“When she arrived at the scene, she noticed that the airbag had been deployed and that a man was getting out of the passenger door.

“She observed that nobody else was in the vehicle.”

“The woman noticed that the man then sat next to the van holding a carrier bag and that he appeared to be vacant and dazed, as if he were drunk or in shock.

“The man, who was later identified as Kevin Gilbert, walked to the woman’s BMW and opened the driver’s door and got in the car and closed the door behind him.

‘‘He started the engine and revved it and attempted to drive away.

“The woman and other members of the public tried to get him out of the vehicle. She managed to open the door and pull the keys out of the ignition.

“She screamed at him to ‘get out, get out’ because her partner and her baby were in the car. Gilbert apologised to the woman and said he hadn’t realised there were others in the car.

“Gilbert ran from the scene and jumped over a small wire fence surrounding nearby fields and allotments.”

A member of the public followed Gilbert into the fields and ordered him to stop and was then able to restrain him until the police arrived and arrested Gilbert, said the prosecutor.

He was found to have £85 worth of cannabis on him when he was arrested.

The prosecutor said it was the crown’s case that Gilbert was the driver of the van, but he has not been charged with this offence.

Clare Buckley, defending, said: “Gilbert is a disqualified driver, having been convicted of dangerous driving at Gloucester Crown Court in 2017, but he has maintained his position throughout that he was not driving the van and he was only the passenger. He had got out of that side of the vehicle.

“Gilbert has little recollection of the incident. He said that he sustained a head injury as a result of this collision. After he had been arrested by the police, he was then taken to hospital and treated for concussion.

“It would seem that from his disclosure at the roadside, that he had no idea that the woman’s partner and child were in the back of the BMW when he got into the vehicle.

“Gilbert has no recollection as to why he did this. He can’t explain this. He does recall getting out of the car and running off before being detained by a member of the public.

“Since this period in time Gilbert has turned his life around.

‘‘He has sorted out his addiction to cocaine and has significantly decreased his use of cannabis.

‘‘He has been attending Change Grow Live – the county’s drug and alcohol recovery service – on a voluntary basis.

“He is now working full time and has made a new life for himself and has not committed any further offences.”

Gilbert was also ordered to pay court costs of £135 and a mandatory surcharge of £122.